This case has been cited 2 times or more.
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2009-03-24 |
AUSTRIA-MARTINEZ, J. |
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| 9 days 3 months JSS v. Ferrer[92] 12 months 16 days 11 months and | |||||
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2008-03-14 |
NACHURA, J. |
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| The employment contract involved in the instant case covers a two-year period but the overseas contract worker actually worked for only 26 days prior to his illegal dismissal. Thus, the three months' salary rule applies. There is a similar factual milieu between the case at bench and Olarte v. Nayona.[20] The only difference lies in the length of the subject employment contract: Olarte involved a one-year contract; while the employment in this case covers a two-year period. However, they both fall under the three months' salary rule since the term of the contract is "at least one year or more." In Olarte, as well as in JSS Indochina Corporation v. Ferrer,[21] we ordered the employer of an illegally dismissed overseas contract worker to pay an amount equivalent to three (3) months' salary. | |||||